This article was reviewed March 2021 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment
"qualified immunity"
Appellate Law – The Final Judgment Rule and its Exceptions
This post was reviewed in September 2019 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final…
Final Judgment Rule – Four Exceptions to Keep in Mind
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps…
Appellate Law – The Final Judgment Rule and its Exceptions
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps…
Officers Shooting Pepper Balls to Disperse Partying College Students Are Not Entitled To Qualified Immunity
This guest post was authored by Judith S. Islas
Last November UC Davis police donned in riot gear used pepper spray on a group of student protestors at an “occupy” movement demonstration held on the university campus. That pepper spray incident was captured on video. It triggered an internet and media frenzy, multiple investigations and…
U.S. Supreme Court unanimous decision: private individuals retained to carry out government work are entitled to seek qualified immunity in section 1983 suit
This guest post was authored by Jennifer M. Rosner
Nicholas Delia, a firefighter employed by the City of Rialto missed work after becoming ill on the job. Suspicious of Delia’s extended absence, the City hired a private investigation firm to conduct surveillance on him. When Delia was seen buying fiberglass insulation and other building supplies…